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BROWNING OIL CO., INC. v. LUECKE

No. 03-98-00638-CV.

38 S.W.3d 625 (2000)

BROWNING OIL COMPANY, INC. and Marathon Oil Company, Appellants, v. Jimmie M. LUECKE and Leona M. Luecke, Appellees.

Court of Appeals of Texas, Austin.

November 9, 2000.

Attorney(s) appearing for the Case

Michael E. McElroy, McElroy, Sullivan, Ryan & Miller, Austin, Claudia Wilson Frost, Slusser & Frost, L.L.P., Houston, for appellants.

David W. Nelson, Akin, Gump, Strauss, Hauer & Feld, L.L.P., Austin, for appellees.

Before Chief Justice ABOUSSIE, Justices KIDD and B.A. SMITH.

ON MOTION FOR REHEARING

BEA ANN SMITH, Justice.

We withdraw our opinion and judgment of September 21, 2000, and substitute the following opinion.

This dispute concerns pooled units for the horizontal drilling of oil and gas. At issue is: (1) whether Lessees1 improperly formed pooled units for two successful horizontal wells in violation of anti-dilution restrictions in the pooling provisions of the leases, and if so,...

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